Viewing 41 - 50 out of 109 posts

What Is a Deliberate Intent Lawsuit?

In general, employers in West Virginia that pay premiums into the state workers’ compensation fund are immune from any legal action on the basis of negligence. There are some exceptions Read More

Our Beckley office is moving April 25, 2019

Our Beckley office is moving, effective April 25, 2019. You will find us at 252 George St. and at the same phone numbers as before. Read More

West Virginia Supreme Court Emphasizes Heightened Pleading Standard in Cases Where Qualified Immunity Is Applicable

The 2017 case West Virginia Board of Education v. Zelda Croaff featured the state Board of Education (WVBE) appealing the decision of the circuit court to deny its motion of dismissal Read More

When Is Dismissal Voluntary Under the West Virginia Savings Statute?

West Virginia’s Savings Statute is meant to give plaintiffs a second chance to bring an otherwise time-barred lawsuit if their original action was filed in a timely manner and dismissed Read More

Where Do Government Facebook Posts Implicate Free Speech Rights and Give Rise to a Harless Claim?

Recently, the Supreme Court of Appeals of West Virginia heard the case of Douglas A. Day vs. West Virginia Department of Military Affairs and Public Safety and the West Virginia Read More

How Far Does Free Speech Extend into the Workplace?

Everyone who lives in the United States has a constitutionally protected right to free speech. But how far does that right extend into the workplace? First, it is important to understand Read More

Will an Arbitration Agreement Hold Up in Court?

Earlier this year, the Supreme Court of the United States heard the case of Epic Systems Corp v. Lewis. The case dealt with the issue of whether the Federal Arbitration Act Read More

West Virginia Supreme Court Favors Employer in Another Case Addressing Deliberate Intent

FirstEnergy Generation LLC recently appealed the December 2016 order of the Circuit Court of Harrison County following an adverse jury verdict in a “deliberate intention” action filed by the plaintiffs, Read More

Has the Fourth Circuit Reversed Its Position on the Use of Handcuffs in Search and Seizure Contexts?

The U.S. Court of Appeals for the Fourth Circuit recently heard the case of E.W. (a minor, case filed through mother T.W.) v. Rosemary Dolgos (a school resource officer) and Read More

Will Violations of Internal Policies Dissolve State Agencies’ Qualified Immunity Defense?

In the recent case of Bill J. Crouch v. Eric Gillispie, the West Virginia Supreme Court ruled in favor of Mr. Crouch, who serves as the secretary of the West Virginia Read More

Viewing 41 - 50 out of 109 posts